Documents are sealed and sent to a g for transmission

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Documents are sealed and sent to A-G for transmission through diplomatic channels to the foreign country. Service is effected by person appointed by foreign judge, by delivering to, and leaving with, the person to be served with the documents.
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Disputing service outside Australia rr 7.05 & 8.09 Defendant can apply to: Set aside service of the writ Stay the proceeding (R 8.09) On the ground: Service not authorised by the Rules, or Vic not the appropriate forum (R 7.05)
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Forum non conveniens Test in Aust: Stay will be granted if the Austrn court is a clearly inappropriate forum. Oceanic Sun Line Special Shipping Co v Fay (1988) 165 CLR 197; Voth v Manildra Flour Mills (1990) 171 CLR 538 Rowe v Grunenthal GmbH (2011) Test in most other common law jurisdictions: Stay will be granted if another forum is more appropriate. Spiliada Maritime Corporation v Cansulex [1987] AC 460 Other countries: Appropriate forum may be determined by treaty, eg European Union.
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Voth v Manildra Flour Mills cont. Stay should be granted if the local court is a clearly inappropriate forum which will be the case if continuation of the proceedings in that court would be oppressive (in the sense of seriously and unfairly burdensome, prejudicial or damaging) or vexatious (in the sense of productive of serious and unjustified trouble and harassment) or an abuse of process .” So the Australian test is more liberal to plaintiffs, than the test in the USA and UK.
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‘Connecting factors’ Includes - 1.expense and convenience 2.where did the cause of action arise? 3.where do the parties reside or carry on business 4.where do the majority of the witnesses reside (because looking to do convenience for witnesses as well as the parties) 5.which law will apply? 6.are there any other parties involved and are they amenable (ie liable to) to any particular jurisdiction?
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Recent case example .... Rowe v Grünenthal & Ors [2011] VSC 657 per Beach J Key Issues to Consider: Stay proceedings on forum grounds (per Voth ) Set aside service on the basis of non-compliance with requirements for indorsement for service out of Australia (r 7.02) 43
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Rowe v Grünenthal & Ors Plaintiff : born in Victoria in March 1962 without arms or legs. Alleges that congenital absence of both arms and both legs, together with other injuries, caused by her mother’s consumption of thalidomide drugs prior to birth Defendants: Grünenthal: registered in Germany Distillers: incorporated in the UK Diageo: incorporated in Scotland Proceedings brought in the Supreme Court of Victoria 44
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Rowe v Grünenthal & Ors Key Issues raised by firstnamed Defendant: Court should set aside service and stay proceedings on grounds that Vic is a clearly inappropriate forum (per Voth ) - consideration of connecting factors (paras 16-19) Time limitation defences raises considerations of vexation and oppression (per Voth ) (para 36) “... When one looks at all of the relevant connecting factors in relation to the
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